Thiruvananthapuram: In a major relief for landowners, the Kerala government has waived the fee for converting agricultural land under the Kerala Land Utilisation (KLU) Order. As per a fresh circular, landowners who had obtained permission or applied for conversion before December 30, 2017, will no longer be required to pay any fee.

The circular, issued by the Revenue Department Secretary, also states that such landowners will not be required to submit a fresh application in Form 27A under the provisions of the Kerala Conservation of Paddy Land and Wetland Act. The government has decided to treat applications submitted prior to December 30, 2017, as valid, as the amended provisions relating to land conversion under the Paddy Land and Wetland Act came into force only from that date.

The move follows a High Court verdict that struck down the requirement for holders of KLU orders to apply in Form 27A and pay a 25 per cent fee, finding the provision to be legally unsustainable. The ruling was later upheld by a Division Bench, which dismissed the government's appeal.

In cases where landowners had already obtained KLU orders but had not altered the relevant revenue records, the change in land use must now be carried out in accordance with the provisions of the Kerala Land Tax Act. The responsibility for effecting such changes rests with the concerned tehsildars.

The circular further clarifies that while making these changes, the land should not be described as “converted land” but recorded only as “land”, in compliance with court directions. Even where applications submitted under the KLU Order prior to December 30, 2017, remain pending, tehsildars are required to take a decision in accordance with the 1967 Order. However, fees already collected under this rule will not be refunded.

Landowners who obtained KLU orders for conversion but continued to retain the land as agricultural land without carrying out the conversion will no longer be permitted to change its use. In such cases, tehsildars have been directed to file revision petitions before the Land Revenue Commissioner seeking cancellation of the KLU orders. As KLU orders were originally issued by district collectors, the revision petitions must be filed before the Commissioner.

The Kerala Land Utilisation Order came into force on July 4, 1967, under the Essential Commodities Act, 1955, with the objective of addressing food scarcity in the State and increasing food production. Its primary aim was to prevent the conversion of agricultural land for non-agricultural use without prior permission.